Patna High Court
SUNIL SINGHversusSTATE OF BIHAR
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as per Section 394 CrPC (Section 435 B.N.S. 2023) due to the appellant's death and lack of application by a near relative.
Summary
The appellant Sunil Singh filed a criminal appeal, but during the pendency of the appeal the appellant died, as evidenced by a death certificate annexed to the police report. The High Court examined the report and noted that no near relative had applied for leave to continue the appeal. Relying on Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the Court held that in the absence of such an application the appeal must be abated. Consequently, the appeal was disposed of without further hearing. The trial court record was ordered to be sent back to the lower court for any other necessary action.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant when no near relative files an application for leave to continue?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Criminal Procedure Code — s. 394
Subjects
- criminal appeal
- abatement
- death of appellant
- Section 394 CrPC
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.656 of 2009
======================================================
Sunil Singh, Son Of Late- Jagdish Singh, Resident Of Village- Piyaniya, P.S.-
Udwant Nagar, District- Bhojpur, Ara.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Rajiva Ranjan, Advocate
For the Respondent/s : Mr.D.K.Sinha, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 06-05-2026 Perused the Letter No. 845 dated 28.04.2026 of the
Superintendent of Police, Bhojpur, Arrah along with the report
dated 26.04.2026 of the S.H.O., Udwant Nagar P.S., wherein it
is indicated that during enquiry it came to light that the sole
appellant, namely, Sunil Singh, is dead and the death certificate
of the appellant is annexed with the said report.
2. In view of the said report as also section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court record be sent back to the
Patna High Court CR. APP (DB) No.656 of 2009(3) dt.06-05-2026
2/2
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
guddukr/-
U T
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